Many people assume that the mother automatically receives custody of the minor children in a divorce whether she is a fit or unfit parent and the father will never receive custody of the children. Contrary to what some people assume, the law is required to be gender neutral when evaluating custody.
In Georgia, the judge assigned to a divorce or modification action must make a determination of who should get custody based upon the broad concept of what is in the “minor child’s best interest.” When determining the best interest of the child, the judge will analyze a long list of factors in order to make his/her decision. The following are the list of factors for a judge to consider when awarding custody under Georgia family law:
- (A) The love, affection, bonding, and emotional ties existing between each parent and the child;
(B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and step siblings and the residence of such other children;
(C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;